Contractors now are starting to be awarded contracts subject to 2019’s National Defense Authorization Act for the Fiscal Year 2020, so it is important to remember a few of the requirements. The purpose of the Act is to delay inquiries into the criminal history record information of certain job applicants until later in the hiring process to provide a better opportunity for job applicants with a criminal history to compete for a federal job. Positions exempted from the Act’s prohibition on pre-employment criminal history inquiries include positions in which applicants are required by law to provide criminal history information prior to a conditional offer of employment; positions that require access to classified information or involve sensitive law enforcement or national security duties; and any position identified in regulations issued by the Administrator of General Services or the DoD pursuant to the provisions of the Act. The Act only applies to federal contracts awarded under solicitations issued after December 20, 2021.
